Übersetzung durch den Sprachendienst des Bundesministeriums für Arbeit und Soziales.
Translation provided by the Language Service of the Federal Ministry of Labour and Social Affairs.
Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 1 des Gesetzes vom 19. Juli 2024 (BGBl. 2024 I Nr. 248)
Der Stand der deutschsprachigen Dokumentation kann aktueller sein. Vergleichen Sie dazu bitte http://www.gesetze-im-internet.de/betrvg/BJNR000130972.html.
Version information: The translation includes the amendment(s) to the Act by Article 1 of the Act of 19 July 2024 (Federal Law Gazette 2024 I p. 248)
Translations may not be updated at the same time as the German legal provisions displayed on this website. To compare with the current status of the German version, see http://www.gesetze-im-internet.de/betrvg/BJNR000130972.html.
Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter "Translations".
For conditions governing use of this translation, please see the information provided under "Translations".
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Part One
General provisions |
| Section 1Establishment of works councils |
| Section 2Status of trade unions and employers’ associations |
| Section 3Different arrangements |
| Section 4Separate departments, very small establishments |
| Section 5Employees |
| Section 6(cancelled) |
Part Two
Works council, works meeting, central works council and combine works council |
Division One
Composition and election of the works council |
| Section 7Voting rights |
| Section 8Eligibility |
| Section 9Number of members of the works council |
| Section 10(cancelled) |
| Section 11Reduction in the number of works council members |
| Section 12(cancelled) |
| Section 13Time of elections to the works council |
| Section 14Election rules |
| Section 14aSimplified electoral procedure for small establishments |
| Section 15Representation of employment categories and of male and female employees |
| Section 16Appointment of the electoral board |
| Section 17Appointment of the electoral board in establishments without a works council |
| Section 17aAppointment of the electoral board in the simplified electoral procedure |
| Section 18Preparation and conduct of the election |
| Section 18aAllocation of executive staff for elections |
| Section 19Contesting of elections |
| Section 20Protection against obstruction and costs of the election |
Division Two
Term of office of the works council |
| Section 21Term of office |
| Section 21aTransitional mandate |
| Section 21bResidual mandate |
| Section 22Continuation in office of the works council |
| Section 23Violation of statutory duties |
| Section 24Termination of membership |
| Section 25Substitutes |
Division Three
Conduct of business of the works council |
| Section 26Chairperson |
| Section 27Works committee |
| Section 28Assignment of tasks to committees |
| Section 28aAssignment of tasks to working groups |
| Section 29Convening of meetings |
| Section 30Meetings of the works council |
| Section 31Participation of trade union delegates |
| Section 32Participation of the disabled persons’ delegation |
| Section 33Decisions of the works council |
| Section 34Minutes |
| Section 35Deferment of decisions |
| Section 36Standing orders |
| Section 37Honorary nature of post; loss of working time |
| Section 38Releases |
| Section 39Consultation hours |
| Section 40Expenses of the works council and material facilities |
| Section 41Prohibition of employees’ contributions |
Division Four
Works meeting |
| Section 42Composition, sectional meetings, department meetings |
| Section 43Ordinary works meetings and department meetings |
| Section 44Time of meetings and loss of remuneration |
| Section 45Subjects dealt with at works meetings and department meetings |
| Section 46Delegates from industrial associations |
Division Five
Central works council |
| Section 47Conditions for establishment, number of members, weighting of votes |
| Section 48Removal from office of members of the central works council |
| Section 49Termination of membership |
| Section 50Competency |
| Section 51Conduct of business |
| Section 52Attendance of the central disabled persons’ delegation |
| Section 53Meeting of works councils |
Division Six
Combine works council |
| Section 54Establishment of the combine works council |
| Section 55Composition of the combine works council and weighting of votes |
| Section 56Removal from office of members of the combine works council |
| Section 57Termination of membership |
| Section 58Competency |
| Section 59Conduct of business |
| Section 59aAttendance of the combine disabled persons’ delegation |
Part Three
Youth and trainee delegation |
Division One
Youth and trainee delegation at the level of the establishment |
| Section 60Establishment and function |
| Section 61Voting rights and eligibility |
| Section 62Number of youth and trainee representatives; composition of the youth and trainee delegation |
| Section 63Election rules |
| Section 64Time of elections and term of office |
| Section 65Conduct of business |
| Section 66Deferment of decisions taken by the works council |
| Section 67Participation in works council meetings |
| Section 68Participation in joint discussions |
| Section 69Consultation hours |
| Section 70General duties |
| Section 71Works meetings for young and trainee employees |
Division Two
Central youth and trainee delegation |
| Section 72Conditions for establishment, number of members, weighting of votes |
| Section 73Conduct of business and application of other provisions |
Division Three
Combine youth and trainee delegation |
| Section 73aCondition for establishment, number of members, weighting of votes |
| Section 73bConduct of business and application of other provisions |
Part Four
Collaboration by employees and co-determination |
Division One
General |
| Section 74Principles of collaboration |
| Section 75Principles for the treatment of persons employed in the establishment |
| Section 76Conciliation committee |
| Section 76aCosts of the conciliation committee |
| Section 77Execution of joint decisions, works agreements |
| Section 78Protective provisions |
| Section 78aProtection of trainees in special cases |
| Section 79Secrecy |
| Section 79aData protection |
| Section 80General duties |
Division Two
Employees’ rights to participate and to make complaints |
| Section 81Employer’s obligation to inform and discuss |
| Section 82Employee’s right to be heard and request explanations |
| Section 83Access to personal files |
| Section 84Right to make complaints |
| Section 85Works council’s role in dealing with grievances |
| Section 86Supplementary agreements |
| Section 86aEmployees’ right of proposal |
Division Three
Social matters |
| Section 87Co-determination rights |
| Section 88Works agreements on a voluntary basis |
| Section 89Health and safety as well as environmental protection at work |
Division Four
Structuring, organization and design of jobs, operations and the working environment |
| Section 90Information and consultation rights |
| Section 91Right of co-determination |
Division Five
Staff policy |
Subdivision One
General staff policy |
| Section 92Manpower planning |
| Section 92aSecuring employment |
| Section 93Notification of vacancies |
| Section 94Staff questionnaires, assessment criteria |
| Section 95Guidelines for selection |
Subdivision Two
Vocational training |
| Section 96Promotion of vocational training |
| Section 97Vocational training facilities and programmes |
| Section 98Implementation of vocational training in the establishment |
Subdivision Three
Individual staff measures |
| Section 99Co-determination in individual staff measures |
| Section 100Temporary staff measures |
| Section 101Fines |
| Section 102Co-determination in the case of dismissal |
| Section 103Exceptional dismissal and transfer in special cases |
| Section 104Removal of employees causing trouble in the establishment |
| Section 105Executive staff |
Division Six
Financial matters |
Subdivision One
Information on financial matters |
| Section 106Finance committee |
| Section 107Appointment and composition of the finance committee |
| Section 108Meetings |
| Section 109Settlement of differences |
| Section 109aTakeover |
| Section 110Information of employees |
Subdivision Two
Alterations |
| Section 111Alterations |
| Section 112Reconciliation of interests in the case of alterations; social compensation plan |
| Section 112aEnforceable social compensation plan in the event of staff cutbacks, establishment of new businesses |
| Section 113Indemnities |
Part Five
Special regulations for particular types of establishments |
Division One
Maritime Shipping |
| Section 114Basic principles |
| Section 115Ship’s committee |
| Section 116Fleet works council |
Division Two
Aviation |
| Section 117Application to aviation |
Division Three
Establishments for political, religious, charitable and other purposes; religious communities |
| Section 118Application to ideological establishments and religious communities |
Part Six
Offences punishable by imprisonment or fines |
| Section 119Offences against bodies established under this Act and their members |
| Section 120Breach of secrecy |
| Section 121Provisions on administrative fines |
Part Seven
Amendment of other laws |
| Section 122(Amendment to the Civil Code) |
| Section 123(Amendment to the Protection against Dismissal Act) |
| Section 124(Amendment to the Labour Courts Act) |
Part Eight
Transitional and final provisions |
| Section 125First elections under this Act |
| Section 126Authorisation to make rules for the elections |
| Section 127References |
| Section 128Existing collective agreements containing provisions contrary to this Act |
| Section 130Civil service |
| Section 131(Berlin no.) |
| Section 132(Entry into force) |
